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Comment by daedrdev

2 days ago

The EU pushes heavily for consent for tracking, yet you need to track your users locations to keep your trademark, thus requiring that every company has to have a popup asking to track that data.

IANAL, but.... you only need consent if it isn't required for your business to function. If you need to track to maintain your trademark, couldn't you argue any business with a trademark needs to track users?

I'm sure it wouldn't work in a real court, but it sounds funny in my head.

You don't need that. You can provide billing addresses of your customers without tracking web access.

Most trademark holders have much more solid ways of demonstrating their mark's use in commerce, like financial and business records.

  • Right, but I think this case is interesting for the developer community as it targets specifically open-source use-cases, where you usually have neither extensive user per-country data, nor would you usually care about tracking, or have commercial offerings. This essentially means that you either cannot protect your open-source project name or have always to keep in mind to collect user per-country data, otherwise you risk getting deleted.